Location: Lancaster, Pennsylvania
Federal Circuit: 3rd Circuit
Franklin & Marshall College has been given the speech code rating Red. A red light university has at least one policy that both clearly and substantially restricts freedom of speech. Read more here.
Red Light Policies
Speech Code Category: Harassment Policies
Sexual harassment is gender-based verbal, non-verbal or physical conduct that has the purpose or effect of unreasonably interfering with an individual’s work or academic performance or that creates a humiliating, degrading, intimidating, hostile, or offensive working, educational, or living environment. Sexually offensive language and activities in the College’s public spaces constitute harassment. Stalking, either electronically or in person constitutes harassment.
Examples would include: (1) “Catcalling,” e.g., making public, gendered and/or sexual remarks about a person within others’ hearing with or without the intended recipient’s consent. Students are responsible for public conduct that may offend or intimidate bystanders; (2) Publicly ranking a person’s sexual or physical attributes without their consent. These behaviors attempt to reduce the value of the person being rated to a one-dimensional stereotype that is antithetical to an atmosphere of inclusiveness. This behavior is inherently disrespectful to all those of the gender being ranked regardless of the response of any single victim; and (3) Intruding in private spaces such as shower stalls and locker rooms.
Other types of harassment include comments, questioning, innuendos or jokes of a sexual nature. Derogatory comments referencing gender or sex, unwelcome sexual advances, propositions, threats, requests or demands for sexual favors all constitute sexual harassment. Displaying, posting, advertising or distributing offensive, indecent or abusive material of a sexual nature; leering or making obscene gestures; constitutes sexual harassment.
Respect for all members of the campus community is expected at F&M. Although sexually offensive depictions may also be seen as sexual harassment, the College does not consider visual and/or aural demonstrations, depictions or conduct to be sexual harassment when there is a legitimate pedagogical context, such as material having an appropriate connection to course subject matter.
Speech Code Category: Internet Usage Policies
Examples of the inappropriate use of e-mail: … The creation and exchange of advertisements, solicitations, chain letters and other unofficial, unsolicited e-mail ….
Speech Code Category: Protest and Demonstration Policies
Any individual or group seeking to protest at an event must register their request with the College at least 48 hours (or 72 hours if the event is to occur on a holiday or during a weekend) in advance of the event. One or more representatives for the individuals participating in the proposed demonstration must contact the Office of the Dean of the College. Individuals or groups wishing to protest will be advised of these College protocols surrounding peaceful protest and orderly demonstrations. Individuals or groups will also be advised of any additional rules and protocols that may apply to a specific event. The College expressly reserves the right to designate the specific areas in which such activities are conducted.
Speech Code Category: Policies on Tolerance, Respect, and Civility
Prohibited acts include:
1. Conduct which is unbecoming of a Franklin & Marshall student. Examples include, but are not limited to, lewd or indecent behavior (or sponsorship thereof); physical or verbal abuse or assault; threats; intimidation; harassment; coercion; and other conduct that threatens, instills fear, or infringes upon the rights, dignity, and integrity of any person.
Speech Code Category: Posting and Distribution Policies
Prohibited acts include: … the display of offensive banners/objects….
Speech Code Category: Advertised Commitments to Free Expression
Franklin & Marshall College is a scholarly community whose aim is to create an environment for human learning. Toward this end, students and faculty working together in close relationship pursue not only knowledge but also wisdom. In their mutual devotion to intellectual discovery, each stimulates the other. The prerequisite for the continuing success of this endeavor is academic freedom—the freedom to teach and learn. As full members of the College community, therefore, students, like faculty, are encouraged to develop their capacity for critical judgment and to engage in a sustained and independent search for truth.
May 16, 2011
We have been writing a lot lately about due process in campus sexual assault cases ever since the Department of Education’s Office for Civil Rights (OCR) issued guidance last month instructing universities that, in order to comply with federal civil rights laws, university judiciaries must apply a “preponderance of the evidence” standard (roughly 51% proof) when resolving cases of sexual misconduct on campus. As Erica wrote on The Torch last month, making a point discussed in more detail in FIRE’s May 5th response to OCR: The preponderance of the evidence standard, which would allow universities to punish students for offenses […]» Read More